David Kallman, Senior Counsel Great Lakes Justice Center. In February, California state Sen. Scott Wiener introduced SB 219 in an effort to enact the
“Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Resident’s Bill of Rights. This bill, which has already passed the California Senate, would impose criminal sanctions on individual staff members of nursing homes and similar facilities who “willfully and repeatedly fail to use a resident’s preferred name or pronoun,” or prohibit a resident from using a bathroom consistent with his or her gender identity.”While this “bill of rights” would be inserted into a section of California’s Health and Safety Code that arguably does not
“criminalize” these actions, the bill itself amends another section—the Residential Care Facilities for the Elderly Act—to include prohibitions against violating the “bill of rights.”
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